Shell is committed to complying with the Privacy Act 1988 in relation to all personal information it collects. This commitment is demonstrated in this Policy. The Privacy Act incorporates the Australian Privacy Principles, and personal information held by Shell will be treated in accordance with those Principles.
This Policy sets out the broad controls which Shell has adopted to govern the way it collects and uses personal information, the circumstances in which it might disclose personal information to third parties, how persons can access their personal information held by Shell and what they can do if they are unhappy with Shell’s treatment of their personal information.
Who is Shell?
In this Policy, “Shell” refers to Shell Australia Pty Ltd (ACN 009 663 576) and each of its related bodies corporate, including Shell Australia Lubricants Production Pty Ltd (ACN 168 634 946) and Shell Aviation Australia Pty Ltd (ACN 167 761 453).
This Policy applies to any individuals in respect of whom Shell currently holds, or may in the future collect, personal information.
This Policy applies to personal information. “Personal information” is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.
In this Policy there are also references to “sensitive information”. “Sensitive information” is information or an opinion about a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, or health, genetic or biometric information. Sensitive information is a subset of personal information.
What information is not personal information?
Information where Shell has removed any reference to a person, so that the person cannot be reasonably identifiable from the information, is not personal information.
Shell may use this information for its own purposes and commercial gain. For example, the fact that x users aged 30-35 have accessed a Shell website is not personal information.
How and when does Shell collect personal information?
Shell collects personal information in a variety of ways in the course of conducting its businesses, including:
- providing goods and services and related information to customers, and administering customer accounts;
- engaging suppliers, contractors and other personnel;
- responding to questions regarding our products and our business;
- interacting with people via our websites;
- conducting trade promotions and competitions; and
- security video surveillance at Shell sites.
The kinds of personal information collected and held by Shell include (depending on the circumstances) names, addresses and other contact details, details about a person’s work experience and other qualifications, date of birth, driver’s licence details, bank account details, photographs and video footage.
Where reasonable and practicable, Shell will collect personal information directly from the person and inform the person that this is being done.
However in some circumstances, it is necessary for Shell to collect personal information through third party service providers or agents (e.g. Shell customer information received from operators of Shell service stations), from a source of publicly available information (e.g. a telephone book) or from an employer (e.g. where a contractor provides personal information about its staff).
Personal information collected by Shell is held in a variety of formats, including hard copy format and on Shell’s computer systems.
If Shell receives personal information that Shell has not requested (unsolicited information) and Shell determines that Shell could not have collected that information under the Australian Privacy Principles if Shell had requested it, then Shell will destroy or de-identify the information if it is lawful and reasonable to do so.
Where practicable, you may deal with Shell anonymously or by pseudonym.
Collection of sensitive information
Shell will not collect sensitive information unless the person to whom it relates consents to the collection and the information is reasonably necessary for one or more of Shell’s functions or activities, except where the collection is required or authorised by law, is necessary to prevent or lessen a serious and imminent threat to the person’s (or another person’s) life or health or is necessary in relation to legal proceedings (current, anticipated or potential), or another permitted exception in the Privacy Act applies.
How does Shell use personal information?
The use to which we can put personal information depends on the reason for which it was collected.
Shell may use personal information for its primary purpose of collection (e.g. the delivery of goods to the person) or for any related secondary purpose that we could reasonably be expected to use the personal information for.
In certain circumstances, Shell may use personal information for promotional or direct marketing purposes. However, a person may at any time request Shell not to use their personal information for sending direct marketing material to that person. Such a request can be made by contacting Shell either in writing, by email or by telephone at the contact details below. There is no fee for making such a request.
Disclosure of personal information
Shell respects the privacy of personal information and we will take reasonable steps to keep it strictly confidential.
Shell will disclose personal information to third parties if it is necessary for the primary purpose of collecting the information, or for a related secondary purpose, if the disclosure could be reasonably expected (e.g. disclosure to a delivery contractor for the purpose of delivering goods ordered from Shell). Where such a disclosure is necessary, Shell will require that the third party undertake to treat the personal information in accordance with the Australian Privacy Principles.
Otherwise, Shell will only disclose personal information to third parties without the consent of the person to whom it relates if the disclosure is:
(a) necessary to protect or enforce Shell's legal rights or interests or to defend any claims;
(b) necessary to prevent or lessen a serious threat to a person’s health or safety;
(c) required or authorised by law; or
(d) permitted by another exception in the Privacy Act.
Under no circumstances will Shell sell personal information without the consent of the person to whom it relates.
An individual Shell company may disclose personal information to a related Shell company in Australia or overseas, subject to the provisions of the Privacy Act. In such circumstances, the related company will only use the personal information for the same purposes that the disclosing Shell company is authorised to use the personal information for.
In accordance with the principles set out in this Policy, as part of its normal operations Shell transfers personal information to Shell companies and third parties located in a range of countries in which Shell or its contractors operate. The main countries to which Shell transfers personal information include the United Kingdom, the Netherlands, Malaysia and the Philippines.
Shell will take all reasonable steps to ensure that all personal information held by Shell is secure from any unauthorised access or disclosure. However, Shell does not guarantee that personal information cannot be accessed by an unauthorised person (e.g. a hacker) or that unauthorised disclosures will not occur.
Shell will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes for which Shell is authorised to use it.
Accessing personal information
A person may request to access personal information about them held by Shell. Such a request must be made in writing to the address below.
Shell will grant a person access to their personal information as soon as possible, subject to the circumstances of the request.
A request to access personal information will be rejected if:
(a) the request is frivolous or vexatious;
(b) providing access would have an unreasonable impact on the privacy of another person;
(c) providing access would pose a serious and imminent threat to the life or health of any person;
(d) providing access would prejudice Shell’s legal rights; or
(e) there are other legal grounds to deny the request.
Shell may charge a fee for reasonable costs incurred in giving access to an individual’s personal information. The fee (if any) will be disclosed prior to it being levied.
Correcting personal information
Shell will take reasonable steps to ensure the accuracy and completeness of the personal information we hold. However, if a person believes that any personal information that we hold about them is inaccurate or out of date, then they should contact Shell in writing at the address below.
Shell deals with complaints via our internal data privacy complaint process, under which a Shell contact officer will be allocated to assess your complaint and respond to you within a reasonable timeframe. Shell takes all complaints seriously and any further action after our initial response to you will vary depending on the nature of your complaint.
Additional information regarding Credit Information
The types of credit information that Shell collects and uses for the purpose of assessing an application for commercial credit and administering a commercial account include:
- names, addresses and other contact details of accountholders and guarantors (both prospective and current);
- bank account details;
- driver’s licence details;
- financial information;
- information on the assets held by an individual.
Such information is collected from the relevant individual and from credit reporting bodies, as well as from publicly available information. Shell uses the information collected to create an internal credit assessment report.
Shell does not disclose credit information to credit reporting bodies, except for an individual’s identity in order to obtain a credit report from the credit reporting body.
We use the term “cookies” to refer to cookies and other similar technologies covered by the EU Directive on privacy in electronic communications.
- What is a cookie?
Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files.
When a server uses a web browser to read cookies they can help a website deliver a more user-friendly service. To protect your privacy, your browser only gives a website access to the cookies it has already sent to you.
Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Cookies also allow you to rate pages and fill in comment forms.
- How are third party cookies used?
- How do I reject and delete cookies?
Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to actively delete or block the cookies.
- What is a cookie?
Shell Privacy Officer
PO BOX A47 CDC
Perth WA 6837
Telephone: +61 8 9338 6000